Chp1 300
56. In a suit against Ethan, Francisco obtains an award of damages. This is
A PAYEMENT OF MONEY OR PROPERTY AS COMPENSATION
61. Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is
A PROVISION IN THE ILLINOIS CONSTITUTION
67. Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin
ADHERES TO THE NATURAL LAW OF TRADITION
64. The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
ADMINISTRATIVE LAW
47. In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
ALLOW THE MINOR TO CANCEL A CONTRACT
49. Deb and Earl are involved in a lawsuit. This is
AN ACTION
51. Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include
AN AWARD OF DAMAGES TO SALINA
53. James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is
AN EQUITABLE REMEDY
55. In a suit against Ian, Jenna obtains an injunction. This is
AN ORDER TO DO OR TO REFRAIN FROM DOING A PARTICULAR ACT.
41. Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are
AS SIMILAR AS POSSIBLE
65. Jessie, an employee of Kim's Restaurant, believes that her employer has violated her rights in the workplace. Larson argues that a Metro City government agency has imposed a ordinance that violates his rights under the U.S. Constitution. The branch of law dealing with the definition and enforcement of all private or public rights is
CIVIL LAW
62. Creamy Dairy produces award-winning ice cream sold to wholesale distributors, retail sellers, and individual consumers in all fifty states. The UCC provides a set of rules governing
COMMERCIAL TRANSACTIONS
40. Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term
CYBERLAW
36. Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as: a0 hiring and firing decisions, b) the manufacturing and marketing of products, c)business financing d) all of the choices
D
36. Statistics, Inc., is a corporation engaged in the business of compiling, analyzing, and marketing data. To accomplish its purposes, Statistics obtains financing, and hires and fires employees. Laws and government regulations affect such business activities as: a) hiring and firing decisions, b) the manufacturing and marketing of products, c)business financing d) all of the choices
D) ALL OF THE CHOICES
57. Bob's Burgers n' Shakes Restaurant brings a suit in a court of law. At one time, a court of law could grant as a remedy only
DAMAGES
42. As a judge, Baxter applies common law rules. These rules develop from
DECISIONS FROM THE COURT IN LEGAL DISPUTES
14. Administrative law is a source of American law that consists of statutes.
FALSE
14. Administrative law is a source of American law that is consists of statutes.
FALSE
16. Courts do not depart from precedents.
FALSE
17. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.
FALSE
18. In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.
FALSE
21. In most states, the courts no longer grant "equitable" remedies.
FALSE
22. The term common law refers to law that is common throughout the world.
FALSE
23. The common law is a term for the laws that are familiar to most of us.
FALSE
24. Constitutional law includes only the U.S. Constitution.
FALSE
25. Whether a law is constitutional depends on its source.
FALSE
26. The U.S. Constitution reserves to the federal government all powers not granted to the states.
FALSE
31. Administrative law includes only state regulations.
FALSE
32. Criminal law focuses on rights and duties that exist between persons.
FALSE
33. Criminal acts are prohibited only by federal government statutes.
FALSE
34. The party against whom a lawsuit is brought is the plaintiff or petitioner.
FALSE
35. When all the judges (or justices) agree on a decision, a majority opinion is written for the entire court.
FALSE
5. A key to avoiding business disputes is to go ahead without thinking ahead
FALSE
6. Statutory law does not include county ordinances
FALSE
12. A jury's good sense and careful consideration of consequences is known as jurisprudence.
FALSE
54. Reba is a state court judge. In her court, legal and equitable remedies have merged. In these circumstances, distinguishing between these types of remedies is
IMPORTANT SO THAT THE PROPER REMEDY CAN BE REQUESTED
70. Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely
IS A QUALIFIED PRIVILEGE
46. In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent
IS INCORRECT OR INAPPLICABLE
39. The Regional Counties Commission approves a new property tax measure, and the professors and students at State Law School publish the results of their most recent legal research. Sources of law include
MEASURES APPROVED BY GOVERNING BODIES
60. The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by
NO ONE
45. Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
PARTIES' SUBJECTIVE MOTIVES FOR ENGAGIN IN LITIGATION
43. There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,
PUBLIC POLICY OR SOCIAL VALUES
48. Judge Bell decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is likely that her case will
RECEIVE A GREAT DEAL OF PUBLICITY
44. Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
RESCISSION
69. Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is
THE DEFENDANT
50. In an action against Gina, Harry obtains a remedy. This is
THE LEGAL MEANS TO RECOVER A RIGHT OR TO REDRESS A WRONG
68. The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is
THE NUMBER OF THE VOLUME IN THE OFFICIAL REPORTS OF THE COURT'S DECISIONS
38. Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include
THE RULES ISSUED BY FEDERAL ADMINISTRATIVE AGENCIES
63. The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Harrison County Board and the Island City Council enact ordinances. Administrative law includes
THE RULES, ORDERS AND DECISIONS OF THE FTC
59. Zoom In, Inc. is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate networks. In all of Zoom In's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is
THE U.S. CONSTITUTION
58. A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged
THE US CONSTITUTION, NOT THE STATE PROVISION, WILL BE ENFORCED
1. Laws and government regulations affect almost all business activities
TRUE
10. The courts, in interpreting statutory law, often rely on the common law as a guide to what the legislators intended.
TRUE
11. Most state trial court decisions are not published.
TRUE
13. Procedural law consists of all laws that outline the methods of enforcing rights.
TRUE
15. Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.
TRUE
19. Damages are a remedy at law.
TRUE
2. Law consists of enforceable rules governing relationships among individuals and between individuals and their society
TRUE
20. Remedies in equity include injunctions.
TRUE
27. Statutory law includes state statutes.
TRUE
28. The courts, in interpreting statutory law, may rely on the common law as a guide to what the legislators intended.
TRUE
29. A citation identifies the publication in which a legal authority can be found.
TRUE
3. Many different laws may affect a single business transaction
TRUE
30. Administrative law consists of the rules, orders, and decisions of administrative agencies.
TRUE
4. Business decision makers are expected to make decisions that are ethically sound
TRUE
7. The stability and predictability of the law are essential to business activities
TRUE
8. Remedies in equity include decrees of specific performance
TRUE
9. "UCC 2-207(1)" is a citation to Uniform Commercial Code Section 2-207, subsection 1.
TRUE
37. In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is
USUAL
66. Rupert is a victim of Sara's violation of a criminal law. Criminal law is concerned with
WRONGS COMMITTED AGAINST THE PUBLIC AS A WHOLE
52. The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in
WYOMING ONLY
21. In most states, the courts no longer grant "equitable" remedies.
false
